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Corporate Governance in ContextCorporations, States, and Markets in Europe, Japan, and the US$
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Klaus J. Hopt, Eddy Wymeersch, Hideki Kanda, and Harald Baum

Print publication date: 2005

Print ISBN-13: 9780199290703

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199290703.001.0001

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The Regulation of Regulation: Judicialization, Convergence, and Divergence in Administrative Law

The Regulation of Regulation: Judicialization, Convergence, and Divergence in Administrative Law

Chapter:
(p.321) The Regulation of Regulation: Judicialization, Convergence, and Divergence in Administrative Law
Source:
Corporate Governance in Context
Author(s):

Thomas B. Ginsburg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199290703.003.0016

This chapter focuses on administrative law systems as sites of and barriers to convergence. It outlines the sources of convergence and divergence, and argues that, despite substantial institutional differences, there is some movement toward convergence in administrative procedure from a broad perspective. First, there is a shift toward judges as monitors of the administration in most industrial democracies and within the EU. Second, a core set of principles of administrative procedure are emerging, developed in large part by these judges. This means that judges are increasingly the actors who are called on to evaluate when and how paternalistic regulation is appropriate.

Keywords:   administrative law, convergence, judges, paternalistic regulation

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